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(영문) 서울북부지방법원 2020.04.28 2019노1936
일반물건방화
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts was smelled in a garbage bag, which is left down under the electric telegrams, and did not fire by setting fire to a dog.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous in misconception of facts.

B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment regarding the assertion of mistake of facts.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the court below found the Defendant guilty of the above charges on the following grounds: (a) the Defendant: (a) was found to have a hand on the waste bags which were placed under the front robot; (b) the Defendant did not have any person who saw the above waste bags before putting the waste bags or cigarette but did not seem within the above waste bags; and (c) the Defendant did not have any light within the waste bags; (d) although the Defendant was snicking in the waste bags, he did not use the waste bags or returned to the person in the above waste bags; (e) the Defendant did not attach the waste bags to the waste bags; and (e) the Defendant went again to several sites; and (e) after approximately five minutes thereafter, the Defendant returned to the waste bags and returned to the site to the waste bags, it was reasonable to view that the Defendant’s fire and damaged the waste bags as stated in the facts charged.

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and the defendant is guilty.

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